80 FR 29350 - Nonmetallic Thermal Insulation for Austenitic Stainless Steel
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 98 (May 21, 2015)
Federal Register Volume 80, Issue 98 (May 21, 2015)
| Page Range | 29350-29351 | |
| FR Document | 2015-12292 |
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)] [Notices] [Pages 29350-29351] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12292] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2014-0209] Nonmetallic Thermal Insulation for Austenitic Stainless Steel AGENCY: Nuclear Regulatory Commission. ACTION: Regulatory guide; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 1.36, ``Nonmetallic Thermal Insulation for Austenitic Stainless Steel.'' The RG describes methods and procedures that the staff of the U.S. Nuclear Regulatory Commission (NRC) considers acceptable when selecting and using nonmetallic thermal insulation to minimize any contamination that could promote stress- corrosion cracking in the stainless steel portions of the reactor coolant pressure boundary and other systems important to safety. This guide applies to light-water-cooled reactors. ADDRESSES: Please refer to Docket ID NRC-2014-0209 when contacting the NRC about the availability of information regarding this document. You may obtain publically-available information related to this document, using any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0209. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if available in ADAMS) is provided the first time that a document is referenced. Revision 1 of Regulatory Guide 1.36 is available in ADAMS under Accession No. ML15026A664. The regulatory analysis may be found in ADAMS under Accession No. ML14079A669. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. FOR FURTHER INFORMATION CONTACT: David W. Alley, Office of Nuclear Reactor Regulation, 301-415-2178 email: [email protected] and Richard A. Jervey, Office of Nuclear Regulatory Research, 301-251-7404, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Introduction The NRC is issuing a revision to an existing guide in the NRC's ``Regulatory Guide'' series. Regulatory guides were developed to describe and make available to the public information and methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 1 of RG 1.36 was issued with a temporary identification as Draft [[Page 29351]] Regulatory Guide, DG-1312. RG 1.36, Revision 1, updates NRC guidance to approve for use current voluntary consensus standards (specifications) related to thermal insulation in contact with austenitic stainless steel. The standards have been revised and improved in recent years; thus they represent current best practices available for that purpose. Significantly, the current standards offer more than one test method to satisfy the objective of the standard. Additionally, several test methods identified in the previous RG 1.36 are no longer in use and the references to them have been removed. II. Additional Information Draft Guide (DG)-1312, was published in the Federal Register on October 6, 2014 (79 FR 60188) for a 30-day public comment period. The public comment period closed on November 5, 2014. Public comments on DG-1312 and the staff responses to the public comments are available under ADAMS Accession Number ML15026A678. III. Congressional Review Act This regulatory guide is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. IV. Backfitting and Issue Finality RG 1.36, Revision 1, provides guidance on one acceptable way of meeting the requirements in GDC 1 and GDC 14 with respect to stress- corrosion cracking in austenitic steel portions of the reactor coolant pressure boundary which are caused in part by contact with nonmetallic thermal insulation. This does not constitute backfitting as defined in Section 50.109 of Title 10 of the Code of Federal Regulations (10 CFR) (the Backfit Rule), and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52, ``Licenses, Certifications, and Approvals for Nuclear Power Plants.'' The NRC's position is based upon the following considerations. Existing licensees, part 50 construction permit holders and part 50 operating license holders, and applicants of final design certification rules would not be required to comply with the positions set forth in RG 1.36, Revision 1, unless the construction permit or an operating license holder makes a voluntary change to their licensing basis with respect to non-metallic thermal insulation in contact with austenitic stainless steel, and the NRC determines that the safety review must include consideration of the matters addressed in this regulatory guide. Existing design certification rules would not be required to be amended to comply with the positions set forth in RG 1.36 unless the NRC addresses the issue finality provisions in 10 CFR 52.63(a). Existing combined license holders (referencing the AP1000 design certification rule in 10 CFR part 52, Appendix D) would not be required to comply with the positions set forth in RG 1.36 unless the NRC addresses the issue finality provisions in 10 CFR 52.63(a). RG 1.36 may be applied to current applications for operating licenses, combined licenses, and certified design rules docketed by the NRC as of the date of issuance of the revision to the regulatory guide, as well as future applications submitted after the issuance of the revised regulatory guide. Such action would not constitute backfitting as defined in Sec. 50.109(a)(1) or be otherwise inconsistent with the applicable issue finality provision in 10 CFR part 52. Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under 10 CFR part 52. This is because neither the Backfit Rule nor the issue finality provisions under part 52--with certain exclusions discussed below--were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever a combined license applicant references a part 52 license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The NRC does not, at this time, intend to impose the positions represented in the RG, on combined license applicants in a manner that is inconsistent with any issue finality provisions. If, in the future, the NRC seeks to impose a position in the RG, in a manner which does not provide issue finality as described in the applicable issue finality provision, then the NRC must address the criteria for avoiding issue finality as described in the applicable issue finality provision. Dated at Rockville, Maryland, this 15th day of May 2015. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2015-12292 Filed 5-20-15; 8:45 am] BILLING CODE 7590-01-P
![29350 Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices
it to be a major rule as defined in the certain exclusions discussed below— • Federal Rulemaking Web site: Go to
Congressional Review Act. were intended to apply to every NRC http://www.regulations.gov and search
action that substantially changes the for Docket ID NRC–2014–0209. Address
V. Backfitting and Issue Finality
expectations of current and future questions about NRC dockets to Carol
The NRC is issuing interim guidance applicants. Gallagher; telephone: 301–415–3463;
for the NRC staff regarding its review of The exceptions to the general email: Carol.Gallagher@nrc.gov. For
requests from licensees of principle are applicable whenever an technical questions, contact the
decommissioning nuclear power plants applicant references a 10 CFR part 52 individuals listed in the FOR FURTHER
for exemptions from specific emergency license (e.g., an early site permit) and/ INFORMATION CONTACT section of this
plan requirements in 10 CFR part 50 or NRC regulatory approval (e.g., a document.
and license amendments to permanently design certification rule) with specified • NRC’s Agencywide Documents
defueled emergency plans. Issuance of issue finality provisions. The staff does Access and Management System
the ISG does not constitute backfitting not, at this time, intend to impose the (ADAMS): You may obtain publicly-
as defined in 10 CFR 50.109 (the Backfit positions represented in the ISG in a available documents online in the
Rule) and is not otherwise inconsistent manner that is inconsistent with any ADAMS Public Documents collection at
with the issue finality provisions in 10 issue finality provisions. http://www.nrc.gov/reading-rm/
CFR part 52. The NRC’s position is If, in the future, the staff seeks to adams.html. To begin the search, select
based upon the following impose a position in the ISG in a ‘‘ADAMS Public Documents’’ and then
considerations. manner that does not provide issue select ‘‘Begin Web-based ADAMS
1. The ISG positions do not constitute finality as described in the applicable Search.’’ For problems with ADAMS,
backfitting, inasmuch as the ISG is issue finality provision, then the staff please contact the NRC’s Public
internal guidance to NRC staff. must address the criteria for avoiding Document Room (PDR) reference staff at
The ISG provides interim guidance to issue finality as described in the 1–800–397–4209, 301–415–4737, or by
the staff on how to review certain applicable issue finality provision. email to pdr.resource@nrc.gov. The
requests for exemption or license Dated at Rockville, Maryland, this 11th day ADAMS accession number for each
amendments. Changes in internal staff of May, 2015. document referenced (if available in
guidance are not matters for which For the Nuclear Regulatory Commission. ADAMS) is provided the first time that
applicants or licensees are protected Robert J. Lewis, a document is referenced. Revision 1 of
under 10 CFR 50.109 or issue finality Regulatory Guide 1.36 is available in
Director, Division of Preparedness and
provisions in 10 CFR part 52. Response, Office of Nuclear Security and ADAMS under Accession No.
2. The staff has no intention to Incident Response. ML15026A664. The regulatory analysis
impose the ISG on existing nuclear
[FR Doc. 2015–12377 Filed 5–20–15; 8:45 am] may be found in ADAMS under
power plant licenses or holders of
BILLING CODE 7590–01–P Accession No. ML14079A669.
regulatory approvals either now or in
• NRC’s PDR: You may examine and
the future (absent a voluntary request
purchase copies of public documents at
for change from the licensee or holder NUCLEAR REGULATORY the NRC’s PDR, Room O1–F21, One
of a regulatory approval). COMMISSION White Flint North, 11555 Rockville
The staff does not intend to impose or
[NRC–2014–0209] Pike, Rockville, Maryland 20852.
apply the positions described in the ISG
Regulatory guides are not
to existing (already issued) licenses
Nonmetallic Thermal Insulation for copyrighted, and NRC approval is not
(e.g., operating licenses and combined
Austenitic Stainless Steel required to reproduce them.
licenses) and regulatory approvals.
Hence, the ISG—even if considered FOR FURTHER INFORMATION CONTACT:
AGENCY: Nuclear Regulatory
guidance that is within the purview of David W. Alley, Office of Nuclear
Commission.
the issue finality provisions in 10 CFR Reactor Regulation, 301–415–2178
ACTION: Regulatory guide; issuance.
part 52—need not be evaluated as if it email: Dave.Alley@nrc.gov and Richard
were a backfit or as being inconsistent SUMMARY: The U.S. Nuclear Regulatory A. Jervey, Office of Nuclear Regulatory
with issue finality provisions. If, in the Commission (NRC) is issuing Revision 1 Research, 301–251–7404, email:
future, the staff seeks to impose a to Regulatory Guide (RG) 1.36, Richard.Jervey@nrc.gov. Both are staff of
position in the ISG on holders of already ‘‘Nonmetallic Thermal Insulation for the U.S. Nuclear Regulatory
issued licenses in a manner that does Austenitic Stainless Steel.’’ The RG Commission, Washington, DC 20555–
not provide issue finality as described describes methods and procedures that 0001.
in the applicable issue finality the staff of the U.S. Nuclear Regulatory SUPPLEMENTARY INFORMATION:
provision, then the staff must make the Commission (NRC) considers acceptable
when selecting and using nonmetallic I. Introduction
showing as set forth in the Backfit Rule,
or address the criteria for avoiding issue thermal insulation to minimize any The NRC is issuing a revision to an
finality as described in the applicable contamination that could promote existing guide in the NRC’s ‘‘Regulatory
issue finality provision, as applicable. stress-corrosion cracking in the stainless Guide’’ series. Regulatory guides were
3. Backfitting and issue finality do steel portions of the reactor coolant developed to describe and make
not—with limited exceptions not pressure boundary and other systems available to the public information and
applicable here—protect current or important to safety. This guide applies methods that are acceptable to the NRC
future applicants. to light-water-cooled reactors. staff for implementing specific parts of
tkelley on DSK3SPTVN1PROD with NOTICES
Applicants and potential applicants ADDRESSES: Please refer to Docket ID the agency’s regulations, techniques that
are not, with certain exceptions, NRC–2014–0209 when contacting the the staff uses in evaluating specific
protected by either the Backfit Rule or NRC about the availability of problems or postulated accidents, and
any issue finality provisions under 10 information regarding this document. data that the staff needs in its review of
CFR part 52. This is because neither the You may obtain publically-available applications for permits and licenses.
Backfit Rule nor the issue finality information related to this document, Revision 1 of RG 1.36 was issued with
provisions under 10 CFR part 52—with using any of the following methods: a temporary identification as Draft
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![Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices 29351
Regulatory Guide, DG–1312. RG 1.36, must include consideration of the For the Nuclear Regulatory Commission.
Revision 1, updates NRC guidance to matters addressed in this regulatory Thomas H. Boyce,
approve for use current voluntary guide. Chief, Regulatory Guidance and Generic
consensus standards (specifications) Existing design certification rules Issues Branch, Division of Engineering, Office
related to thermal insulation in contact of Nuclear Regulatory Research.
would not be required to be amended to
with austenitic stainless steel. The [FR Doc. 2015–12292 Filed 5–20–15; 8:45 am]
comply with the positions set forth in
standards have been revised and BILLING CODE 7590–01–P
improved in recent years; thus they RG 1.36 unless the NRC addresses the
represent current best practices issue finality provisions in 10 CFR
available for that purpose. Significantly, 52.63(a).
POSTAL REGULATORY COMMISSION
the current standards offer more than Existing combined license holders
one test method to satisfy the objective (referencing the AP1000 design [Docket No. CP2015–69; Order No. 2485]
of the standard. Additionally, several certification rule in 10 CFR part 52,
test methods identified in the previous New Postal Product
Appendix D) would not be required to
RG 1.36 are no longer in use and the comply with the positions set forth in AGENCY: Postal Regulatory Commission.
references to them have been removed. RG 1.36 unless the NRC addresses the ACTION: Notice.
II. Additional Information issue finality provisions in 10 CFR
52.63(a). SUMMARY: The Commission is noticing a
Draft Guide (DG)–1312, was recent Postal Service filing concerning
published in the Federal Register on RG 1.36 may be applied to current an additional Global Plus 2C negotiated
October 6, 2014 (79 FR 60188) for a 30- applications for operating licenses, service agreement. This notice informs
day public comment period. The public combined licenses, and certified design the public of the filing, invites public
comment period closed on November 5, rules docketed by the NRC as of the date comment, and takes other
2014. Public comments on DG–1312 and of issuance of the revision to the administrative steps.
the staff responses to the public regulatory guide, as well as future DATES: Comments are due: May 22,
comments are available under ADAMS applications submitted after the 2015.
Accession Number ML15026A678. issuance of the revised regulatory guide.
Such action would not constitute ADDRESSES: Submit comments
III. Congressional Review Act electronically via the Commission’s
backfitting as defined in § 50.109(a)(1)
This regulatory guide is a rule as Filing Online system at http://
or be otherwise inconsistent with the
defined in the Congressional Review www.prc.gov. Those who cannot submit
applicable issue finality provision in 10 comments electronically should contact
Act (5 U.S.C. 801–808). However, the
CFR part 52. the person identified in the FOR FURTHER
Office of Management and Budget has
not found it to be a major rule as Applicants and potential applicants INFORMATION CONTACT section by
defined in the Congressional Review are not, with certain exceptions, telephone for advice on filing
Act. protected by either the Backfit Rule or alternatives.
any issue finality provisions under 10 FOR FURTHER INFORMATION CONTACT:
IV. Backfitting and Issue Finality
CFR part 52. This is because neither the David A. Trissell, General Counsel, at
RG 1.36, Revision 1, provides Backfit Rule nor the issue finality 202–789–6820.
guidance on one acceptable way of provisions under part 52—with certain
meeting the requirements in GDC 1 and SUPPLEMENTARY INFORMATION:
exclusions discussed below—were
GDC 14 with respect to stress-corrosion intended to apply to every NRC action Table of Contents
cracking in austenitic steel portions of which substantially changes the I. Introduction
the reactor coolant pressure boundary expectations of current and future II. Notice of Commission Action
which are caused in part by contact III. Ordering Paragraphs
applicants.
with nonmetallic thermal insulation.
This does not constitute backfitting as The exceptions to the general I. Introduction
defined in Section 50.109 of Title 10 of principle are applicable whenever a On May 14, 2015, the Postal Service
the Code of Federal Regulations (10 combined license applicant references a filed notice that it has entered into an
CFR) (the Backfit Rule), and is not part 52 license (e.g., an early site permit) additional Global Plus 2C negotiated
otherwise inconsistent with the issue and/or NRC regulatory approval (e.g., a service agreement (Agreement).1
finality provisions in 10 CFR part 52, design certification rule) with specified To support its Notice, the Postal
‘‘Licenses, Certifications, and Approvals issue finality provisions. The NRC does Service filed a copy of the Agreement,
for Nuclear Power Plants.’’ The NRC’s not, at this time, intend to impose the a copy of the Governors’ Decision
position is based upon the following positions represented in the RG, on authorizing the product, a certification
considerations. combined license applicants in a of compliance with 39 U.S.C. 3633(a),
Existing licensees, part 50 manner that is inconsistent with any and an application for non-public
construction permit holders and part 50 issue finality provisions. If, in the treatment of certain materials. It also
operating license holders, and future, the NRC seeks to impose a filed supporting financial workpapers.
applicants of final design certification position in the RG, in a manner which II. Notice of Commission Action
rules would not be required to comply
does not provide issue finality as The Commission establishes Docket
with the positions set forth in RG 1.36,
described in the applicable issue finality
tkelley on DSK3SPTVN1PROD with NOTICES
Revision 1, unless the construction No. CP2015–69 for consideration of
provision, then the NRC must address matters raised by the Notice.
permit or an operating license holder
makes a voluntary change to their the criteria for avoiding issue finality as
licensing basis with respect to non- described in the applicable issue finality 1 Notice of the United States Postal Service of
metallic thermal insulation in contact provision. Filing a Functionally Equivalent Global Plus 2C
Contract Negotiated Service Agreement and
with austenitic stainless steel, and the Dated at Rockville, Maryland, this 15th day Application for Non-Public Treatment of Materials
NRC determines that the safety review of May 2015. Filed Under Seal, May 14, 2015 (Notice).
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Document Created: 2018-10-24 10:27:25
Document Modified: 2018-10-24 10:27:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Regulatory guide; issuance. | |
| Contact | David W. Alley, Office of Nuclear Reactor Regulation, 301-415-2178 email: [email protected] and Richard A. Jervey, Office of Nuclear Regulatory Research, 301-251-7404, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 80 FR 29350 |
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